Legal Opinion
Emery v. Capital Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 1989PublishedCited by 4 opinions
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Ford, J.), entered April 6, 1988 in Saratoga County, which, inter alia, granted plaintiffs’ motion for summary judgment and declared that defendant Capital Mutual Insurance Company was required to defend plaintiffs in a pending action.
In a personal injury suit commenced by Barbara Kirchoff on behalf of her 16-year-old son, David, it is alleged that David’s injuries were due to acts of negligence on the part of plaintiffs in the instant action. Specifically, she alleged that on March 17, 1985, plaintiffs were negligent in providing David with a *855dangero…
2Cases cited8 opinions
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- Servidone Construction Corp. v. Security InsuranceNew York Court of Appeals · 1985
- International Paper Co. v. Continental Casualty Co.New York Court of Appeals · 1974
- Spoor-Lasher Co., Inc. v. Aetna Cas. & Sur. Co.New York Court of Appeals · 1976
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Erdman v. Eagle InsuranceAppellate Division of the Supreme Court of the State of New York · 1997
- Nutmeg Insurance v. RosenAppellate Division of the Supreme Court of the State of New York · 1998
- Levy v. Aetna Casualty & Surety Co.New York Supreme Court · 1997
- Motive Technologies, Inc. v. Associated Industries Ins. Co. Inc.Superior Court of Delaware · 2025